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HomeMy WebLinkAbout2011/02/22 Item 14CITY COUNCIL 4 STATEMENT ~`~~ CITY OF ""1" CHUTAVISTA 2/22/11, Item ITEM TITLE: REPORT ON ESTABLISHING AND SETTING POSTED SPEED LIMITS SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECTOR OF ENG REVIEWED BY: CITY MANAGER ~ S ASSISTANT CITY MANAGER S ~ 4/STHS VOTE: YES ^ NO SUMMARY The purpose of this report is to update the Mayor and City Council on the changes in the current California Manual on Traffic Control Devices (MUTCD) policy and procedure for setting speed limits. The report will highlight the required changes in methods for establishing speed limits. Due to the changes, it is expected that the speed limits throughout the City will most likely increase. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 (c) categorical exemption pursuant to Section 15301 [Existing Facilities] of the State CEQA Guidelines because the proposal involves negligible or no expansion of an existing use. Thus, no further environmental review is necessary. RECOMMENDATION Council accept staff s report BOARDS/COMMISSION RECOMMENDATION The Safety Commission, at their meeting of February 3, 2010 accepted staff's report on establishing and setting posted speed limits. DISCUSSION: Speed laws, as well as other traffic laws, aze enacted by the State Legislature and compiled in the California Vehicle Code (CVC). 14-1 2/22/11, Item ~'-f Page 2 of 7 All states base their speed regulations on the Basic Speed Law: "No person shall drive a vehicle at a speed greater than is reasonable or prudent and in no event at a speed which endangers the safety of persons or property" (CVC 22350). California State law also establishes maximtun speed limits. For example the maximum speed on an undivided two-lane roadway is 55 MPH (CVC 22349b). All other speed limits aze called prima facie limits, which are considered by law to be safe and prudent under normal conditions. Certain prima facie limits are established by California law and include the 25 MPH speed limit in business and residential districts and the 25 MPH limit in school zones when children are present. Also, the prima facie speed limits in alleys are 15 MPH. For local roadways, local jurisdictions have authority to establish reduced speed limits on the basis of engineering and traffic surveys (CVC 22358). Such surveys must include an analysis of roadway conditions, accident records and a sampling of the prevailing speed of traffic (CVC 627). Other factors may be considered, but an unreasonable speed limit (which is called a speed trap) may not be established (CVC 40802). In the absence of speed survey, prima facie limits govern. In the absence of an improperly established speed limit, it is considered a speed trap. The Legislature has declazed a strong public policy against the use of speed traps, to the extent that citations issued where a speed trap is found to exist are likely to be dismissed, particularly if radar enforcement methods are used (CVC 40803 - 40805). A provision of the Vehicle Code that California courts have generally considered very important reads, "It is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition not readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning, as the basic rule of section 22350 is sufficient regulation as to such conditions" (CVC 22358.5). The words, "It is the intent of the Legislature," are intended to get the attention of traffic engineers and local jurisdictions in setting and maintaining local speed limits. Such speed limits must be set carefully, as justified by appropriate factors, to avoid making such limits unenforceable. In practice, speed limits aze normally set at the first five-mile per hour increment below the 85th percentile speed, defined as that speed at or below which 85 percent of the traffic is moving. Any further reduction must be documented by and cleazly justified by an Engineering and Traffic Survey. In residential neighborhoods, 25 MPH speed limit signs may be installed without an Engineering and Traffic Survey so long as these conditions aze met: - The width does not exceed 40 feet. - Uninterrupted length cannot be more than 1/2 mile; interruptions include official traffic control devices such as stop signs and traffic signals. - There can only be one travel lane in each direction. The street must be considered local on the Federal Highway Administration (FHWA) map 14-2 2/22/11, Item {~ Page 3 of 7 In all other areas the speed limit is set by an Engineering and Traffic Survey, which is done once every seven years for each segment of roadway. Speed Survey Procedure iri Accordance with 2004 MUTCD Before the New Changes The City has the responsibility to establish speed limits to facilitate the orderly movement of traffic on city streets. Speed limits should provide motorists clear and understandable guidelines for reasonable and safe speed for orderly flow of traffic under normal conditions. In order to establish a speed limit, an Engineering and Traffic Survey is performed per procedures set by the 2004 MUTCD and CVC and includes the following steps: 1. Prevailing Speeds Speeds aze observed and recorded for each direction of traffic, using a radar gun to determine the normal pace of vehicles' speeds under normal conditions. Thus, data is collected during non-peak traffic periods. 2. Collision Records Speed related accidents history at any particulaz location within the limits of the survey is analyzed. The collision data is crucial for the Traffic Engineer setting the speed limits and could be a factor when setting the speed limits. 3. Traffic and roadside conditions not readily appazent to the driver Research and a field check of existing roadside conditions are performed by the Traffic Engineering staff. Staff will be looking for existing improvements, roadway curvature and grade, and any features not readily apparent to the drivers. CVC 22358.5. It is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning, as the basic rule of section 22350 is sufficient regulation as to such conditions. Selecting a Speed Limit Realistic speed limits that aze set at the 5 MPH increment of speed in the upper half of the normal pace (85th percentile) of traffic can achieve the objective of the following: - Meaningful, unambiguous enforcement - Voluntary public compliance - Clear identification of the unreasonable violator - Elimination of unjustifiable "tolerances" 14-3 2/22/11, Item Page 4 of 7 The 85`h percentile speed is the speed at or below which 85% of the drivers travel. Studies show that approximately 15% of drivers will always drive above the 85`h percentile speed. Speed limits established on the basis of the 85`" percentile conform to the consensus of those who drive highways as to what speed is reasonable and prudent, and are not dependent on the judgment of one or a few individuals. Therefore, when a speed limit is to be posted, it should be established at the nearest 5 MPH increment of the 85"' percentile speed of free-flowing traffic. The posted speed maybe reduced by 5 MPH increment of the 85`h percentile speed, where the speed survey indicates the need for a reduction in speed to match existing conditions with the traffic safety needs of the community. For instance, if the 85"' percentile speed were 37 MPH, the recommended posted speed limit would be 35 MPH. If the 85`h percentile speed were 38 MPH, the recommended posted speed limit would be 40 MPH, based on the nearest 5 MPH increment. In establishing speed limits, at least once every 5, 7 or 10 years, in compliance with CVC Section 40802, the City should re-evaluate non-statutory speed limits on segments of their roadways that have undergone a significant change in roadway characteristics or surrounding land use since the last review. New State Directive for Determining Speed Limits PROCEDURE AFTERJULYI, 2009 CalTrans, per Traffic Operations Policy Directive 09-04, adopted a new change for establishing speed limits on July 1, 2009 (Attachment 1). This directive clarifies the procedure for setting speed limits to address the issues discussed above. The two new standards for Section 2B.13 of the California MUTCD will be implemented to clarify the process and to help set speed limits that are uniform, rational and enforceable with full support of the judicial system. Requirements of the new standards are as follows: • The speed limit shall be established at the nearest 5 MPH increment of the 85`h percentile. • If the 5 MPH reduction is applied, the Engineering and Traffic Survey shall document in writing the conditions and justification for the reduced speed limit and be approved by a registered Civil or Traffic Engineer. • The posted speed limit SHALL be established at the neazest 5 MPH increment of the 85a' percentile, this part remains the same. The following is where the change occurs. If the 5 MPH reduction is applied, the speed survey shall document in writine the conditions and justification for the reduced speed limit and be approved by a registered Civil or Traffic Engineer. • The speed survey has to justify a reduction of the posted speed limit based on the findings of the survey. Justification of the reduction in speed has to be apparent to the motorist and be in compliance with CVC Sections 627 and 22358.5. 14-4 2/22/11, Item ~~r Page 5 of 7 CVC Section 627 (Engineerins and Traffic Surveyl 627. (a) "Engineering and traffic survey," as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities. (b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following: (1) Prevailing speeds as determined by traffic engineering measurements. (2) Accident records (3) Highway, traffic, and roadside conditions not readily apparent to the driver. (c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) may consider all of the following: (1) Residential density, if any of the following conditions exist on the par[iculaz portion of highway and the property contiguous thereto, other than a business district: (A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures. (B) Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. (C) The portion of highway is longer than one-quarter of a mile but has the ratio of sepazate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B). (2) Pedestrian and bicyclist safety. CVC Section 22358.5 (Downwazd Speed ZoningZ It is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downwazd speed zoning, as the basic rule of Section 22350 is sufficient regulation as to such conditions. Staff has researched that many of the speed limits that were previously set prior to July 1, 2009 and justified to 5 MPH speed reduction were based on factors such as: roadway characteristic, grade, curvature, design speed, and accident history rate. 14-5 2/22/11, Item 1 U Page 6 of 7 When traffic problems occur, concerned citizens frequently ask why we don't lower the speed limit. There are widely held misconceptions that speed limit signs will slow the speed of traffic, reduce accidents, and increase safety. Most drivers drive at a speed that they consider comfortable, regardless of the posted speed limit. Before and after studies have shown that there are no significant changes in average vehicle speeds following the posting of new or revised speed limits. Furthermore, research has found no direct relationship between posted speed limits and accident frequency. Realistic speed limits help preserve uniformity of speed. Uniformity of speed is valuable for a number of reasons: • It maintains consistency in traffic gaps for crossing traffic. • It enables pedestrians to more accurately judge the speed of traffic. • It reduces the possibility of conflict between faster and slower drivers. • It makes unreasonable violators more obvious to enforcement personnel. Citizens also frequently request SLOW signs or reduced speed limit signs on residential streets. The speed limit on a residential street is 25 MPH, whether posted or not. If the City posted such streets at 10 MPH, it is likely that the courts would consider the street a speed trap, and in accordance with state law, find any citation issued invalid. SLOW signs are ineffective at reducing speeds because if a driver passes the sign and encounters no reason to slow down (or doesn't know how much to slow down) that driver may become confused and foster disrespect for all signs. DECISION MAKER CONFLICT Staff has reviewed the decisions contemplated by this action and has determined that they are not site specific and, consequently, the 500-foot rule found in California Code of Regulations Section 18704.2(a)(1) is not applicable to these decisions. Staff Member Conflicts Verification By: Muna Cuthbert Date: January 31, 2011 CURRENT YEAR FISCAL IMPACT: Based on above, costs that will be incurred due to changes to existing posted speed limits for the installation of new speed limit signs and street speed limit legends are not known at this time. Therefore, staff will be looking at the potential costs and it may need to be scheduled and programmed in future fiscal years Capital Improvements Program (CIP) projects. ONGOING FISCAL IMPACT Once the required improvement has been constructed, there will only be minor routine maintenance costs in 5 to 10 years. The eligible funding source is Transnet and/or Gas Tax. 14-6 2/22/11, Item Page 7 of 7 ATTACHMENTS 1. CalTrans Traffic Operations Policy Directive 09-04, approved on July 1, 2009 2. CVC Section: 627, 22349b, 22350, 22358, 22358.5, and 40802-40805 Prepared by: Muna Cuthbert, Senior Crvil Engineer, Public Works Dept. J:\EngineerWGENDA\CAS2011\02-22-11\speed Survey report\speed sarvey agenda report.doc 14-7 ~rrAC~nE~Y _1_.. STATE OF CALIFORtiIA+ DEPART\tE~T Or TRAtiSPORTATIOti TR-0011 (REV 9r~00u7 TII~~'~IC ~?i;!.II'~r'1 ~ IIDi~tS !F~~IIC°f IID±?~C ='IY~ .,v 'Cha1eC iri CurrCiii C.'.I707-ill:) l~'lallllai On Unworn: 'i'raficc Coutroi'evices (C~iaforDia i'%IU=CD) policy rnd procedure fur seiiu speed limits in Calitornia. 09-D~'.• DA-CE 15SUED June 29, 2009 DLS-CR16 UClOV All District Directors 1oi7 r: D.a~re: July 1, 2009 © :\II Deputy District Dtr~•ctors - Tmfnc Opcratians :UI Dcpup' District Directors - hlaintrnancc All Denury District Directors ~ Cunswetiun All Deputy District Directun • Design :\II Dcpury District Directors - Tnnsponn[ion Phmning Chief, Divisien of Gn^_inn.ring Senica Q Chief Counsel, Lcgnl Dicisian © Publications (Cxlifotniu NIUTCD lVuhsite) tvuw,doccn =ov.:hq%trat[op5'sisntcchimutcdsupp!ca, mutcd.htm H_adgaarters Division Chiefs fur: tf YES, DESCRIBE DOES THIS UIRECCIVE AFFECT CiR SUPERSEDE ANOTFIC-R DOCG\IG`7?'! F-]t YFS ~KC7 e\munds Chapter 2B orthe 4V1LL Tll15 DIRECTIVE BL' 1\CORPOR:\TED f\ THE. Cr\LIrOLZR:A rvLANUAi.O~ U?%IFOR;:1 n:.nr•Flc coraTaDl. DEVICES IF YES, DESCRIBE Suctions ZI3. U. ~I~~'L'TIV I~ursuant to the autilorit}° ararted to [he Californin department af'pransportaIIon (Depaa•ttnec)t) in Section 21-:-00 •_nd 31.101 of the California Vchic]c Code (CVC), the changes included in this directive for SCCilnS speed CL?:llt5 In Cafornia shall be included in ?art 2 of the California IViU'J'C~, dated September 26, 2046. ~Y~S ^uo 14-8 STATE OF G\LIFORKI.4• DENARY{EST OP TR A~\SP01: PATIO POLICY DIRECTIVE TR-f101I (RE\' 9P_fl(1G 1 Pvec 7 ul" 7 IMPLEDIEN'fA-1'lON In this section. for purposes of clarity, strikethrough text is used to denote text in the California MUTCD that is being deleted and italic text is used to denote: te.\t that is being added to the California MUTCD. All other fotmattin~ as defined under the Definitions section of this Policy Directive is still applicab]e. The following policies shall be included in the California MUTCD: Section 2B.13 Speed Limit Sign (122-1) Stepport The .rcuiuG nl's7u¢'d limits ccut be conn'orrrdul curd requires a rational and defensible determination to maintain ptrblic c•ott(idence. Speed limits are normull~ .Irr near nc~• Salt-percentile speed that statistically represents otte stmtdard devintiorr abr».e the nrerage speed mtcl esrublishrs dre upper limir of what is considered reasonable artd prudent. As Irish mrst larvs, speed limits need to depend nn the voluruary contpiiance of the greater majority of motorists. Speed limits cannot be .ret arbirrcn'ih lmt, as this u~ou(d create violators of the majority of drivers and Ivould nat r•ornrnunrl nc~ re•.rpect nl'tlte public. Standard: After an ettginecring and tra(jic survey (F-fiT.S) s#ttl~ has been made in accordance with established traffic engineet•ing practices, the Speed Limit (R2-11 sign tree higm•e 2B-1) shall display the limit established by law, ordinance, regulation, or as adopted by the authorized agency. The speed limits shown shall be in multiples of 10 km/h ciF (i mph). Guidance: At least once every >. 7 nr /0 wars. in coot Jliunce n~itlt CVC Section 40802. States and local aeencies should reevaluate non-statutory s Jced limits on sesments of their road\va s that have undergone a sienificant chance in roadway characteristics or surrounding land use since the lust review. No mote ih m tht~~ sp«d limits should be di,iJl•IVed on •mv one Screed Limit sign or assembly. 1571 1 1~ 1 1 A. •.61 .~, ti 1111 /i. [ 1. ..F •M.. -n"rtc'rT'n~ P~ -'-r-ccroc'I~~T~v~cc~-r~T>' Opp-~ciCti~iriiJit'l 1 I' 1' FI .. 1'1",. Standard: W/tea a speed liurit is to be posted, it shall be esmblis•/red at the nearest 10 kn:/)z (5 mph) increment of t/te 8.ith-percentile speed of free Jlotving traffic, except as shanat in the Option below. Option: _ The posted speed may be reduced by 10 I:m/h (5 mph) Irom the nearest l0 km/h eF (5 mph) increment of the ,a. :...I:,..,,~o 85th-percentile speed, in c'nn1tp_lia`nce Irish Cl'C Sections G27 and 22358.5. o• -_ .~ F 1 ~{}-~'tjCtEt-tt~cncir~-:cc-.~~, _ .• Standard: If tl:e SpG'e(I l(n17t 10 be p(lsterl Itr6' lrad llrL' t 11 lan/It {~ nrph) reduction applied, then at: E&TS shall document in writing the conditions and jus7ijiccrtiun j'or the !alter speed limit mtd be approved by a registered Civil or Traffic Engineer. %'he reasons fin• the lou'er• epeed limit shall be in compliance with CVC Sections 627 and 22358.5. ADA NOtiee Far Inuividuals cmh sensory disabilities. this doeumern is avail2Cle in aliemale brmals. For inbrmation wit (916) fi53365~ or TDD (916) 6543880 or virile PecorCS antl Fv,ms Wanag2ntenl. t,?~ N Street. MSfl9. Sacramemo. CA 95814. 14-9 STATE OF CALIFOit\'I:b Dlil':\it'rJ1G\"r 01'"I'I:ANtii'Olit':YI9o\ POLICY DII2ECTIVI; TR-OOI l (REV 900061 P;ec 3 of 7 IMPLED'IENTA'fION (Cont'd) Support: An example of the applirteion of this speed limit criteria is as Follows: • If the 5'~' percentile speed in a speed ,ur`'e)' \~ as (iO km/h (37 mph), then the speed limit would be posted at 3~ mph or optionally reduced to ?U mph. I-[otvever. • if the ti>°i percentile speed in a speed survey \\as GI kmAt (38 mph), then the speed limit would be posted at 40 mph or optionally (educed to 3> mph. T1'cmtcinl-`rt^+~Irr~.+f~!Ttf'f('~?13 ~ a p . f T~~a/vy: )i)(~r1-1}}i~'.iG'ti-Ei 1 I (`.G ('.,....:.. A,. `11 RP.TC ~....-F,....,mA _ ~.n~n~7 n r ~ ~' i T ~ - ~FfHFt41 • - uusv~{-y}~~-~,t-1-)1-I~I{}Fi•}}l'fI-plY~'1i{'r)t(-'Yti-tn-'ehl 111(1! !'' i T 'FF TR 1 {.: i. ,...~ .1... ~n..l:r~lo ,`-+„1'try'-:ti-th~Fi+tte--~la+ti-~tieti{~!-tirrrlar-eEt+e-Frrt-+i~t I •1 ~ '+nnn ..,.:~o «w„ t•~l;f,....,.., nrtrTTrri crt'cc,=iii /_1,....,,,... r_ v.TC ... -r~sresc~-tf-cHtt£liHHtt•i-Eat-(~-1.-..-c~-ra-~criE'~-i a ~~ . .vim rn~8bn~'o--~-t-Tlt c 1 ^rc •. I 1 1 >, ,a a ..a,t:.:,..,.,1 .. _,. 9t-~-ittl~: I I ~. ._.. _. ~„ ~ 69FeEl-SpeO(E ~~~` ~ . ~ ~ f.-.~- .^I d....:1f=~Otrtitlfl-K'(j I11 A !' 1:F..`.,:~TrtT TTl'n ....: r...... ~ 1 .1~ 1 1 ~ .1,„ 1.: ,.1..., .I .l rm c ~ r cct c'-t-4t ~s-cr .. I r-e-e d--Esee EVE 1888'' ^ ~ u n) >, tlt at-FtEr-:+u+i;+-I~n ~ , .,.; , ..z;Tri,-~ ,~;.~ac{-~:-4rxtl-i~tti r a.-rc-~-a>~~~d This directive does not recommend any other chinges for the remainder of this section at this time. In all applications 211 this policy, engineering judgment nnlst be exercised. The objective is to provide uniform application of si~sn~ slate\oide. II'there :u'e any yucstions regarding implementation, districts should consult with the Headquarrers'1-runic Operations Liaison. DELEGA'T'ION No new delegations of authority are n'eatec! under this policy.. ADA Notice For Individuals .vi,hsensory tlisaUilities. Rns documant is available in aRernale forma6. Pot inlormalion salt (916) fi53-Oe57 or TDD (916) 654-3880 or sane Records anC Farms MananemonL t 120 N Street. PdS89, Sacramento, CA 95814. 14-10 STATE OF CALIFOR~ 1:1• DL'P:\RTAIE~T OPl'li:\N51'OR"I':\ IIOV POLICY DIRECTIVE TR-001 I IREV NR0061 I'auc a of 7 BACIiG120UND The purpose of this directive is to implement the changes proposed in the Decision Document entitled "Guidelines for Setting Speed Limits" si~~ned on May I ~. 2009 by Director Will Kempton. This Decision Document \\us the result of many discussions about speed limit concems held before the Califomia Traffic Conu-ol De\'ices Committee (CTCDC) since June of 2007. During these discussions, many comments were received From local agencies and their ol7icials representing law enforcement, public works, and the court system. A special hearing was held on March l9. '_009 and was attended by the Director and the California Highway Patrol Commissioner. The purpose of this hearing was to firing closure to this discussion before the Director issued his Decision Docwnent. After reviewing the concerns expressed by various Participants involved with setting and enforcing speed limits. Caltrans determined there was a lacl: of consistency in the analysis and process drat documents Engineering and Traffic Surveys to rstablish r:uionul and enforceable speed limits. In 2004, the California Supplement to the 200 ~ f=ederal D4UTCD changed the procedure setting speed limits used previously in the 1996 Caltrans Traffic i\'lanual- These changes were made to bring California into compliance with the Federal A9UTCD ut that time. but the California Supplement included the option [o a]low a Smph reduction from [he nearest increment of the 37"' percemile speed. The changes are sutnrnarized below: 1996 Traffic Manual: The speed limit normally should be established at the first five mile per hour (mph) increment below the 35°i percentile speed. I lowcver. in matching existing conditions with the traffic safety needs of die community, engineeringjudgmcnt may indicate the need For a further reduction of five mph. NIUTCD ~011i (l'eder•il Guidvuc does not allow Smph reduction): Guidance: When a spud limit is to ba posted. it should be within 10 km/h or 5 mph of the 85'r' percentile speed of free- flowing u'al'lic. NIav X004 CA Supplement: Guidance: When a speed limit is to be postal, it should ba established at the nearest 10 km/h or 5 mph increment of the 35'" percentile speed of Il'ee-Ilowiug u'allic. Option: The posted speed nttt)= be rrducad by 10 km/h (5 mph) From the nearest 10 km/h or 5 mph increment of the 85°i percentile speed. where engineering study indicates the need For a reduction in speed to match existing conditions with the u'al'fic safety Heads of the community. Al7A NOlICO Foy mdivitluals :+ilh sensory disaGi~ues. mis oecumem ~s available in allemale brma6. For information wll (916) 6539657 or TDO (916) fi8S-3800 or :rti;c Aecortls and Forms Idana9emem. ~ t?a N S:r_3;). 1+589. Sacramemo. CA 9584. 14-11 STATE OF G\LIFOR\'I:1• UI'I':\R'I'dtE~'I'OF'i'K r1NSPOR'I~:\'I'IU POLICY DIRECTIVE 'r2-OOI I (REV 9!?aUGI Yugt j u1 i SPEED LID'II'['S SL"l' ~1)ITH ?004 CHrWGL'S After applyin,' the "neamst ~nlph IIICI'clllellt OI file Sl II percentile speed" criteria, many speed limits were being raised after the 200 change in the Cali('oruia NIUTCD speed limit procedures. Some agencies would then simply apply the i nyth reduction to keep the speed limit at the same level or lower. Also, appropriate justification was not written up in [he I~~~~I'S I'or many of these speed zones and speeding tickets were not upheld in court if the presiding official saw a speed limit set below the Si'I' percentile speed. PROCEDURh:AF'l'I:R.IULl' 1.2009 This directive clarifies the procedhue For settim~ speed limits to address the issues discussed above. The two new standards for Section ?[3.1. of the California I\gU'fCD hill be implemented to clarify the process and to help set speed limits that are uniform. rational and enforceable `vlth full support of the judicial system. Requirements of the new standards are shoo'n below: • The speed limit shall be established at the nearest imph increment of the 85`h percentile. • If the i mph reduction is applied. the E<<TS shall document in writing the conditions and justification for the reduced speed limit and be approved by a registered Civil or Traffic Engineer. ONE YEt\12'CRI:\L and D:~'I':\ COLLL'CI'ION In order to evaluate any impact, of the ne\r sumdards. the following data needs to be collected and evaluated over the next twelee months 115om LA'•TS's completed between July 1, 2009 and July 1, 2010): • Jurisdiction and Location identiliruion • Existing posted speed limit • Si`p' percemile speed limit • j0'~' percentile speed limit • 10-mph pace (the speed ran~'e that includes the most vehicles surveyed) • List of reasons for appl_yim~ a j mph reduction I if used) • New posted speed limit This information should be sent to Cultrans ut the Following e-mail address: robes l mclau~•hlin@dot.ca.aov The data will be reviewed for trends in the posting of new speed limits. After July 1, 2010 [his information will be presented to the Calu~ans Director. CHP Commissioner and the CTCDC for consideration to make additional changes to the Ixtlicy for seuin~' speed limits in California. ADA NOiICB ~~' i^divitluals viin sensory disabiliUCS. Ibis document is ava~labie in aliemale formals. For informafion pli (916) 653-3657 or T00 (9161 654-3800 u. ~.. u12 Rem•ds and Porms bdanayemem. t ~?U M Strcul, b1Se9. Sacramemo, CA 95814. 14-12 srATr or- c:+uroR~ t:\• nre\irratrrcT or t'R.~.rdsi'or.T;cnm POLICY DIPLC'1'IVE TR-001 I (RGV 9QtttIG) IS~ge ti of ENGINEERING AND'CRArf [C SURVIa' ~VORICSHOPS The Directors Decision Docunnm also states that Caluuns will develop an E&TS training program for engineers, enforcement personnel and judiciary officials. Specific workshop topics will include: • Conducting an Engineering and Traffic Survey • Selecting locations for spied data collection • Items to he included in the LSTS \vritten report • Documetxin~+ reasons for applying the ntph reduction • Presenting lindin~=s to local ~~overntttent officials • Urine the [~l'fS to revie\a speeding citations challenged in court Workshops wilt he held in each of the I.' Caltrans District Offices and will be scheduled over the next 6 months. Workshop location. contact information and dates ..'ill be posted on the Office of Signs, Markings and External Support web site: her//\eww dot rt r,o\/hg/u•affoos/sientech/ SPEED LIiA'lI"1' IV'II'AC'I'S ON l'I?LL0~1' SIGNAL TIMING In the California MUTCD. Section -1D.10 - 1'ello+~ Change and Red Clearance Intervals, the Standard states that the yellow light change interval shall be set using the: potted speed limit. When the posted speed limit is set below the SSt6 percentile speed as a result of a ne\v G&'f S. there may be a need to re-evaluate the length of time given to [he yellow signal phase. Consideration should be riven u, use the S~ih percentile speed to increase the yellow light change interval as allowed by the option in the California ~9UTCD. An increase change of 5 mph or greater in the posted speed limit should result in the relocation of traffic signal vehicle detectors. The revision of the California NIU'fCD is a common practice based upon need. The Department, pursuant to CVC Section '_ Id00: must conduct public hearing*s before it can revise existing traffic control device policies and approve new liens for use on pul?lic roachvuys. The California Traffic Control Devices Committee (CTCDC) is the forum used to satisfy this reyuirenxnt. The Federal I-lighway Administrattoit has revle\ved the Proposed modifications to the California MUTCD and has determined that thry are in subsrmtial compliance +vith the National MUTCD. This policy will be retired \vhen it is incorpor;ued in the next revision of the California MUTCD. ADA NOIiCe ''0"^~""tl"`'~' 1rtl1i'~"sort' tl~a:Unni-s. :nr:. tlo::unle~~i ~s avaBabic in alternate formats. Pm fnlormation call {976) 653-3657 or TOD (976) 654-3880 or van_ Ramres v~d forms tlana9em._m, t I?I) IJ Street. IvIS89. Sacramento, CA 95814. 14-13 STATE OF CALIFOR:\1:\• UI'if :\RlliE~rOl 'I'I::\~tiP01a :\'IIU POLICY DIREC'fIVT; TR-0011 (REV 912UUfi) Pu_•c i of 7 nEriNt•rioNs When used in this'fral9'ic Operations Policy Directive. the text shall be defined as follows: 1) Standard - a statement of required, mandatory or specifically prohibited practice. All standards text appears in bold type The verb shall is typicatlly used. Standards aze sometimes modified by Options. 2) Guidance - a statement of recommended, but not numdatory, practice in typical situations, with deviation. ullo\vcd it emineerin~~ jud~ntent or engineering study indicates the deviation to be appropriate. All Guidance statements text appears in underline type. The verb should is typically used. Guidance statements are sometime modified 6y Options. 3) Option - a statement of practice that is a permissive condition and carries no requirement or recununendation. Options may contain allowable modifications to a Standard or Guidance. All Option statements test appears in nonual lypc. The verb may is typically used. 4) Support - an infornr,uinnal statement that does not convey any degree pf mandate, recommendation, authorisation, prohibition. or enl'orceuble condition. Support statements text appears in normal type. 'fhc verbs ,hall. should and nr.,p arc nut usad in Support statements. ATTACI-li\iL\'1'S None AAA Notice For indivltluals rilh sensory tlisa6ili,ies. ibis documznt is a~•ailab7e in allen+ale formats- For information call (916) 653-3657 orTDD (916) 654-3880 or ,veil.: Recortls and Fonns Ivtananemeni. 1120 N Sveet. tv1509, 9aeramenm, CA 95874. 14-14 Cf~ Codes (veh:100-680) ATTACH~IIENT Pagel of I 627. (a) "Engineering and traffic survey," as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities. (b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following: (1) Prevailing speeds as determined by traffic engineering measurements. (2) Accident records. (3) Highway, traffic, and roadside conditions not readily apparent to the driver. (c) 47hen conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) may consider all of the following: (1) Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district: (A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures. (B) Upon both sides o£ the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. (C) The portion of !-:.. _'~way is longer than on:r~ _*uarb=_r of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B). (2) Pedestrian and bicyclist safety. httpa/www.leginfo.ca.gov/cgi-bin/displaycdd4?s~~Yion=veh&group=00001-01000&file=... 02/04/2011 CA Codes (vehi?23-15 ?2366) 22349. (a) Except as provided in Section 22356, no person may drivz a vehicle upon a highway at a speed greater than 65 miles per hour. (b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply= (1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction. (2) Passing lanes may not be considered when determining the number of through lanes. (c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations. Page 1 of I http:'/www.leginfo.ca.gov/cgi-bin/displaycott4?s8c$ion=veh&group=22001-23000&fi to=... 02/04/?011 CA Codes (veh:22348-22366] zz35o. No person shall dr i~.~~ c. ;=icicle upon a high~~+ay at a speed greater than is reasonable ox -r~a~ent having due regard for weather, visibility, the traffic on, ar.~ .i:e surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property. Pa?e 1 of 1 http://www.leginfo.ca.gov/cgi-bin/displaycob~e~i~on=veh&group=??001-23000&file=... 02/04/?011 22359. (a) Whenever a local authority determines upon the basis of an engineering and traffic survey that the limit of 65 miles per hour is more than is reasonable or safe upon any portion of any street other than a state highway where the limit of 65 miles per hour is applicable, the local authority may by ordinance determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, or 25 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traf £ic and is reasonable and safe, which declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street. (b) This section shall become operative on the date specified in subdivision (c) of Section 22366. 22358.5. It is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning, as the basic rule of section 22350 is sufficient regulation as to such conditions. 14-18 !':~ Codcs (veh:40800-40808) :0303. (a) A "speed trap" is either of the fo1lo~~iing: (1) A particular section of a highway measured as to distance and ,with bcundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (2) A particular section of a highway with a prima facie speed limit that is provided by this code or by local ordinance under subparagraph (A) of paragraph (2) of subdivision (a) of Section 23352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects. This paragraph does not apply to a local street, road, or school zone. (b) (1) For purposes of this section, a local street or road is one that is functionally classified as "local" on the "California P.oad System Maps," that are approved by the Federal Highway Administration and maintained by the Department of Transportation. When a street or road does not appear on the "California Road System Maps," it may be defined as a "local street or road" if it primarily provides access to abutting residential property and meets the following three conditions: (A) Roadway width of not more than 40 feet. (B) Not more than one-half of a mile o£ uninterrupted length. Interruptions shall inctud= official traffic control signals as defined in Section 445. (C) Not more than one traffic lane in each direction. (2) For purposes of this section, "school zone" means that area approaching or passing a school building or the grounds thereof that is contiguous to a highway and on which is posted a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. "School zone" also includes the area approaching or passing any school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children if that highway is posted with a standard "SCHOOL" warning sign. - (c) (1) When all of the following criteria are met, paragraph (2) of this subdivision shall be applicable and subdivision (a) shall not be applicable: (A) Y7hen radar is used, the arresting of £icer has successfully completed a radar operator course of not less than 24 hours on the use of police traffic radar, and the course was approved and certified by the Commission on Peace O£f icer Standards and Training. (B) When laser or any other electronic device is used to measure the speed of moving objects, the arresting officer has successfully completed the training required in subparagraph (A) and an additional training course of not less than two hours approved and certified by the Commission on Peace Officer Standards and Training. (c) li) The prosecution proved that the arresting officer complied with subparagraphs (A) and (B) and that an engineering and traffic survey has been conducted in accordance with subparagraph (B) of paragraph (2). The prosecution proved that, prior to the officer issuing the notice to appear, the arresting officer established that the radar, laser, or other electronic device conformed to the requirements of subparagraph (D). (ii) The prosecution proved the speed of the accused was unsafe for the conditions present at the time of alleged violation unless the citation was for a violation of Section 22349, 22356, or 22406. (D) The radar, laser, or other electronic device used to measure Pa',e l of3 http:(/www.leginfo.ca.gov/cgi-bin/displayco(3g2sgc~jion=veh&group=40001-41000&file=... 02/04/2011 CA Codes (veh:40300-40808) the speed of the accused meets or e::ceeds the minimal operational standards of the National Traffic Hig hi~~ay Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility. (2) A "speed trap" is either of the following: (A) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the kno~•~n distance. (B) (i) A particular section of a highway or state highway with a prima facie speed limit that is provided by this code or by local ordinance under subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352, or established under Section 22354, 22357, 22358, or 22356.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within one of the following time periods, prior to the date of the alleged violation, and enforcement of the speed limit involves the use o£ radar or any other electronic device that measures the speed of moving objects: (I) Except as specified in subclause (II), seven years. (II) If an engineering and traffic survey was conducted more than seven years prior to the date of the alleged violation, and a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume, to years. (ii) This subparagraph does not apply to a local street, road, or school zone. 40803. (a) No evidence as to the speed of a vehicle upon a highway shall be admitted in any court upon the trial of any person in any prosecution under this code upon a charge involving the speed of a vehicle when the evidence is based upon or obtained from or by the maintenance or use of a speedtrap. (b) In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part o£ its prima facie case, that the evidence or testimony presented is not based upon a speedtrap as defined in paragraph (2) of subdivision (a) of Section 40802. (c) When a traffic and engineering survey is required pursuant to paragraph I2) of subdivision (a) of Section 40802, evidence that a traffic and engineering survey has been conducted within five years of the date of the alleged violation or evidence that the offense was committed on a local street or road as defined in paragraph (2) of subdivision (a) o£ Section 40802 shall constitute a prima facie case that the evidence or testimony is not based upon a speedtrap as defined in paragraph (2) of subdivision (a) of Section 40802. 40804. (a) In any prosecution under this code upon a charge involving the speed of a vehicle, an officer or other person shall be incompetent as a witness if the testimony is based upon or obtained from or by the maintenance or use of a speed trap. (b) An officer arresting, or participating or assisting in the arrest of, a person so charged while on duty for the exclusive or Page 2 of 3 http://www.leginfo.ca.gov/cgi-bin/displaycgd~2s~~ion=veh&group=40001-41000&file=... 03/04/2011 CA Codes (veh:40S00-40803) main gurpose of enforcing the provisions of Divisions 10 (commencing with Section 20000) and 11 (commencing with Section 21000) is incompetent as a witness if at the time of that arrest he was not wearing a distinctive uniform, or was using a motor vehicle not painted the distinctive color specified by the commissioner. (c) This section does not apply to an officer assigned exclusively to the duty of investigating and securing evidence in reference to the theft of a vehicle or failure of a person to stop in the event of an accident or violation of Section 23109 or 23109.1 or in reference to a felony charge or to an officer engaged in serving a warrant when the officer is not engaged in patrolling the highways for the purpose of enforcing the traffic laws. x0805. Every court shall be without jurisdiction to render a judgment of conviction against any person for a violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article. Page 3 of 3 http://www.leginfo.ca. gov/cgi-bin/displaycoQa'~se¢i~on=veh&group=40001-41000&file=... OZ/04/?011